Real Estate Law
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Also, if you would like to chat on the phone, let me know and I can make that happen.I am sorry for this dilemma. But not sure I understand your specific question. Do you have a question regarding this?
ThanksWell...the law in this area is clear...a non profit corporation is, still, a corporation. And is bound by state and federal law AND its bylaws and articles of incorporation.
And it is the law that articles of incorporation will "trump" (supersede) any bylaws (since the bylaws can not be created until the corporation is formed by the articles of incorporation).
In the case you are describing, if the articles of incorporation limit the term and impose a "wait time" before they can run again?The directors MUST comply with the rules.
If they refuse? Any interested party could file a lawsuit and the court would order that that the directors follow the rules.
I would let them know that they have to follow the rules...if they refuse, consider a lawsuit to force them to do so.
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Please rate the answer so I may receive creditThanks for your understandingPhil